ASSEMBLY, No. 1705
STATE OF NEW JERSEY
INTRODUCED MARCH 11, 1996
By Assemblyman T. SMITH
An Act concerning set-aside contracts for certain construction projects in municipalities in which are located urban enterprise zones and amending P.L.1985, c.482.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1985, c.482 (C.40A:11-41) is amended to read as follows:
1. 40A:11-41. Definitions
As used in this act:
a. "County or municipal contracting agency" shall mean the governing body of a county or municipality or any department, board, commission, committee, authority or agency of a county or municipality but shall not include school districts;
b. "Minority group members" shall mean persons who are black, Hispanic, Portuguese, Asian-American, American Indian or Alaskan natives;
c. "Qualified women's business enterprise" shall mean a business which has its principal place of business in this State, is independently owned and operated, is at least 51% owned and controlled by women and is qualified pursuant to section 25 of P.L.1971, c.198 (C.40A:11-25);
d. "Qualified minority business enterprise" shall mean a business which has its principal place of business in this State, is independently owned and operated, is at least 51% owned and controlled by minority group members and is qualified pursuant to section 25 of P.L.1971, c.198 (C.40A:11-25);
e. "Qualified small business enterprise" shall mean: (1) a business which has its principal place of business in this State, is independently owned and operated and meets all other qualifications as may be established in accordance with P.L.1981, c.283 (C.52:27H-21.1 et seq.) or, (2) a business which has its principal place of business within a municipality in which is located an urban enterprise zone designated pursuant to the "New Jersey Urban Enterprise Zones Act," P.L.1983, c.303 (C.52:27H-60 et seq.);
f. "Set-aside contracts" shall mean (1) a contract for goods, equipment, construction, or services which is designated as a contract for which bids are invited and accepted only from qualified small business enterprises, qualified minority business enterprises or qualified women's business enterprises, as appropriate, (2) a portion of a contract when that portion has been so designated, or (3) any other purchase or procurement so designated; and
g. "Total procurements" shall mean all purchases, contracts or acquisitions of a county or municipal contracting agency, whether by competitive bidding, single source contracting, or other method of procurement, as prescribed or permitted by law.
(cf: P.L.1985, c.482, s.1)
2. Section 2 of P.L.1985, c.482 (C.40A:11-42) is amended to read as follows:
2. 40A:11-42. Set-aside programs authorized
a. The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified minority business enterprise set-aside program. In authorizing such a program, the governing body of a county or municipality shall establish a goal for its contracting agencies of setting aside a certain percentage of the dollar value of total procurements to be awarded as set-aside contracts to qualified minority business enterprises.
b. The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified women's business enterprise set-aside program. In authorizing such a program, the governing body of a county or municipality shall establish a goal for its contracting agencies of setting aside a certain percentage of the dollar value of total procurements to be awarded as set-aside contracts to qualified women's business enterprises.
c. (1) The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified small business enterprise set-aside program. In authorizing such a program, the governing body of a county or municipality shall establish a goal for its contracting agencies of setting aside a certain percentage of the dollar value of total procurements to be awarded as set-aside contracts to qualified small business enterprises.
(2) The governing body of a municipality within which is located an urban enterprise zone may, by ordinance, establish a qualified small business enterprise set-aside program for construction projects funded in whole or in part through State funds, in addition to a program established pursuant to paragraph (1) of this subsection. In authorizing such a program, the governing body of the municipality shall establish a goal for its contracting agencies of setting aside a certain percentage of the dollar value of total procurements, including procurements for construction-related professional services, to be awarded as set-aside contracts to qualified small business enterprises as defined in paragraph (2) of subsection e. of section 1 of P.L.1985, c.482 (C.40A:11-41).
(cf: P.L.1985, c.482, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill would permit a municipality in which is located an urban enterprise zone to establish a set-aside program for construction-related contracts in favor of businesses located within the municipality when State funds are used, in whole or in part, for a construction project.
Permits municipalities hosting UEZs to establish set-aside programs favoring local businesses for construction projects using State funds.